United
Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(New York Convention)

Article I

1 . This Convention shall apply to the recognition and enforcement
of arbitral awards made in the territory of a State other than the
State where the recognition and enforcement of such awards are
sought, and arising out of differences between persons, whether
physical or legal. It shall also apply to arbitral awards not
considered as domestic awards in the State where their recognition
and enforcement are sought.

2 . The term "arbitral awards" shall include not only
awards made by arbitrators appointed for each case but also those
made by permanent arbitral bodies to which the parties have
submitted.

3 . When signing, ratifying or acceding to this Convention, or
notifying extension under article X hereof, any State may on the
basis of reciprocity declare that it will apply the Convention to
the recognition and enforcement of awards made only in the
territory of another Contracting State. It may also declare that it
will apply the Convention only to differences arising out of legal
relationships, whether contractual or not, which are considered as
commercial under the national law of the State making such
declaration.

Article II

1 . Each Contracting State shall recognize an agreement in writing
under which the parties undertake to submit to arbitration all or
any differences which have arisen or which may arise between them
in respect of a defined legal relationship, whether contractual or
not, concerning a subject matter capable of settlement by
arbitration.

2 . The term "agreement in writing" shall include an
arbitral clause in a contract or an arbitration agreement, signed
by the parties or contained in an exchange of letters or telegrams.

3 . The court of a Contracting State, when seized of an action in a
matter in respect of which the parties have made an agreement
within the meaning of this article, at the request of one of the
parties, refer the parties to arbitration, unless it finds that the
said agreement is null and void, inoperative or incapable of being
performed.

Article III

Each Contracting State shall recognize arbitral awards as binding
and enforce them in accordance with the rules of procedure of the
territory where the award is relied upon, under the conditions laid
down in the following articles. There shall not be imposed
substantially more onerous conditions or higher fees or charges on
the recognition or enforcement of arbitral awards to which this
Convention applies than are imposed on the recognition or
enforcement of domestic arbitral awards.

Article IV

1 . To obtain the recognition and enforcement mentioned in the
preceding article, the party applying for recognition and
enforcement shall, at the time of the application, supply:

(a) The duly authenticated original award or a duly certified copy
thereof;

(b) The original agreement referred to in article II or a duly
certified copy thereof.

2 . If the said award or agreement is not made in an official
language of the country in which the award is relied upon, the
party applying for recognition and enforcement of the award shall
produce a translation of these documents into such language. The
translation shall be certified by an official or sworn translator
or by a diplomatic or consular agent.

Article V

1 . Recognition and enforcement of the award may be refused, at the
request of the party against whom it is invoked, only if that party
furnishes to the competent authority where the recognition and
enforcement is sought, proof that:

(a) The parties to the agreement referred to in article II were,
under the law applicable to them, under some incapacity, or the
said agreement is not valid under the law to which the parties have
subjected it or, failing any indication thereon, under the law of
the country where the award was made; or

(b) The party against whom the award is invoked was not given
proper notice of the appointment of the arbitrator or of the
arbitration proceedings or was otherwise unable to present his case;
or

(c) The award deals with a difference not contemplated by or not
falling within the terms of the submission to arbitration, or it
contains decisions on matters beyond the scope of the submission to
arbitration, provided that, if the decisions on matters submitted
to arbitration can be separated from those not so submitted, that
part of the award which contains decisions on matters submitted to
arbitration may be recognized and enforced; or

(d) The composition of the arbitral authority or the arbitral
procedure was not in accordance with the agreement of the parties,
or, failing such agreement, was not in accordance with the law of
the country where the arbitration took place; or

(e) The award has not yet become binding on the parties, or has
been set aside or suspended by a competent authority of the country
in which, or under the law of which, that award was made.

2 . Recognition and enforcement of an arbitral award may also be
refused if the competent authority in the country where recognition
and enforcement is sought finds that:

(a) The subject matter of the difference is not capable of
settlement by arbitration under the law of that country; or

(b) The recognition or enforcement of the award would be contrary
to the public policy of that country.

Article VI

If an application for the setting aside or suspension of the award
has been made to a competent authority referred to in article V (1)
(e), the authority before which the award is sought to be relied
upon may, if it considers it proper, adjourn the decision on the
enforcement of the award and may also, on the application of the
party claiming enforcement of the award, order the other party to
give suitable security.

Article VII

1 . The provisions of the present Convention shall not affect the
validity of multilateral or bilateral agreements concerning the
recognition and enforcement of arbitral awards entered into by the
Contracting States nor deprive any interested party of any right he
may have to avail himself of an arbitral award in the manner and to
the extent allowed by the law or the treaties of the country where
such award is sought to be relied upon.

2 . The Geneva Protocol on Arbitration Clauses of 1923 and the
Geneva Convention on the Execution of Foreign Arbitral Awards of
1927 shall cease to have effect between Contracting States on their
becoming bound and to the extent that they become bound, by this
Convention.

Article VIII

1 . This Convention shall be open until 31 December 1958 for
signature on behalf of any Member of the United Nations and also on
behalf of any other State which is or hereafter becomes a member of
any specialized agency of the United Nations, or which is or
hereafter becomes a party to the Statute of the International Court
of Justice, or any other State to which an invitation has been
addressed by the General Assembly of the United Nations.

2 . This Convention shall be ratified and the instrument of
ratification shall be deposited with the Secretary-General of the
United Nations.

Article IX

1 . This Convention shall be open for accession to all States
referred to in article VIII.

2 . Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.

Article X

1 . Any State may, at the time of signature, ratification or
accession, declare that this Convention shall extend to all or any
of the territories for the international relations of which it is
responsible. Such a declaration shall take effect when the
Convention enters into force for the State concerned.

2 . At any time thereafter any such extension shall be made by
notification addressed to the Secretary-General of the United
Nations and shall take effect as from the ninetieth day after the
day of receipt by the Secretary-General of the United Nations of
this notification, or as from the date of entry into force of the
Convention for the State concerned, whichever is the later.

3 . With respect to those territories to which this Convention is
not extended at the time of signature, ratification or accession,
each State concerned shall consider the possibility of taking the
necessary steps in order to extend the application of this
Convention to such territories, subject, where necessary for
constitutional reasons, to the consent of the Governments of such
territories.

Article XI

In the case of a federal or non-unitary State, the following
provisions shall apply:

(a) With respect to those articles of this Convention that come
within the legislative jurisdiction of the federal authority, the
obligations of the federal Government shall to this extent be the
same as those of Contracting States which are not federal States;

(b) With respect to those articles of this Convention that come
within the legislative jurisdiction of constituent states or
provinces which are not, under the constitutional system of the
federation, bound to take legislative action, the federal
Government shall bring such articles with a favourable
recommendation to the notice of the appropriate authorities of
constituent states or provinces at the earliest possible moment;

(c) A federal State Party to this Convention shall, at the request
of any other Contracting State transmitted through the
Secretary-General of the United Nations, supply a statement of the
law and practice of the federation and its constituent units in
regard to any particular provision of this Convention, showing the
extent to which effect has been given to that provision by
legislative or other action.

Article XII

1 . This Convention shall come into force on the ninetieth day
following the date of deposit of the third instrument of
ratification or accession.

2 . For each State ratifying or acceding to this Convention after
the deposit of the third instrument of ratification or accession,
this Convention shall enter into force on the ninetieth day after
deposit by such State of its instrument of ratification or
accession.

Article XIII

1 . Any Contracting State may denounce this Convention by a written
notification to the Secretary-General of the United Nations.
Denunciation shall take effect one year after the date of receipt
of the notification by the Secretary-General.

2 . Any State which has made a declaration or notification under
article X may, at any time thereafter, by notification to the
Secretary-General of the United Nations, declare that this
Convention shall cease to extend to the territory concerned one
year after the date of the receipt of the notification by the
Secretary-General.

3 . This Convention shall continue to be applicable to arbitral
awards in respect of which recognition and enforcement proceedings
have been instituted before the denunciation takes effect.

Article XIV

A Contracting State shall not be entitled to avail itself of the
present Convention against other Contracting States except to the
extent that it is itself bound to apply the Convention.

Article XV

The Secretary-General of the United Nations shall notify the States
contemplated in article VIII of the following:

(a) Signatures and ratifications in accordance with article VIII;

(b) Accessions in accordance with article IX;

(c) Declarations and notifications under articles I, X and XI;

(d) The date upon which this Convention enters into force in
accordance with article XII;

(e) Denunciations and notifications in accordance with article XIII.

Article XVI

1 . This Convention, of which the Chinese, English, French, Russian
and Spanish texts shall be equally authentic, shall be deposited in
the archives of the United Nations.

2 . The Secretary-General of the United Nations shall transmit a
certified copy of this Convention to the States contemplated in
article VIII.